G/SG/N/6/USA/11/Suppl.2  
 
10 August 2021  
(21-6149) Page: 1/3 
Committee on Safeguards  Original: English  
 
 
NOTIFICATION UNDER ARTICLE 12.1(A) OF THE AGREEMENT  
ON SAFEGUARDS ON INITIATION OF AN INVESTIGATION  
AND THE REASONS FOR IT  
UNITED STATES 
Crystalline Silicon Photovoltaic Cells  
Whether or Not Partially or Fully Assembled into Other Products  
Supplement  
The following communication, dated  and received  on 9 August 2021, is being circulated at the 
request of the delegation of  the United States.  
 
_______________  
 
 
Pursuant to Article 12.1(a) of the WTO Agreement on Safeguards (Safeguards A greement), the 
United  States notifies that it has initiated an investigation to determine whether the measure on 
crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products) 
continues to be necessary to prevent o r remedy serious injury and whether there is evidence that 
the domestic industry is making a positive adjustment to import competition.  
1. Specify the date when the investigation was initiated  
The U.S. International Trade Commission (Commission) initiated the investigation on 
August  6, 2021.  A copy of the notice instituting the investigation is attached1 and includes the 
scheduling of a public hearing, deadlines for the filing of written submissions, and any applicable 
rules of procedure.  
2. Provide  the precise description of the product involved  
The products subject to the measure are solar products, as identified in the Presidential Proclamation 
of January 23, 2018.  The measure and Presidential Proclamation were both notified in 
G/SG/N/8/USA/9/Supp l.4 - G/SG/N/10/USA/7 - G/SG/N/11/USA/6 (dated 26 January 2018).  The 
measure was subsequently amended through exclusions and other actions taken and notified in 
G/SG/N/10/USA/7/Suppl.1 (dated 24 September 2018), G/SG/N/8/USA/9/Suppl.5 -
G/SG/N/10/USA/7/Suppl.2 - G/SG/N/11/USA/6/Suppl.1 (dated 22 May 2019),  
G/SG/N/8/USA/9 /Suppl.5/Corr.1 - G/SG/N/10/USA/7/Suppl.2/Corr.1 - 
G/SG/N/11/USA/6/Suppl.1/Corr.1 (dated 27 May 2019), G/SG/N/8/USA/9/Suppl.6 - 
G/SG/N/10/USA/7/Suppl.3 - G/SG/N/11/USA/6/Suppl.2 (dated 7 June 2019),  
G/SG/N/10/USA/7/Suppl.6 (dated 9 October 2019), G/SG/N/10 /USA/7/Suppl.10 
(dated  22 April 2020), and G/SG/N/10/USA/7/Suppl.11 (dated 15 June 2020).  
 
1 A copy of the notice has been submitted electronically . To consult this document, please contact 
Ms. Richards ( anne.richards@wto.org ) or Ms. Naville ( delphine.naville@wto.org ) of the Rules Division.  G/SG/N/6/USA/11/Suppl.2  
 
- 2 - 
 
 3. Provide the reasons for the initiation of the investigation  
Following receipt of a petition filed on behalf of Auxin Solar Inc. and Suniva, Inc. on August 2, 2021, 
including an amendment thereto filed on August 5, 2021, and a petition filed on August 4, 2021 on 
behalf of Hanwha Q CELLS USA, Inc, LG Electronics USA, Inc., and Mission Solar Energy, the 
Commission has initiated this investigation, pursuant to section 204( c) of the Trade Act of 1974 
("Trade Act ") (19 U.S.C. sec. 2254(c)), for the purpose of determining whether the action taken by 
the President under section 203 of the Trade Act with respect to crystalline silicon photovoltaic cells 
(whether or not partially  or fully assembled into other products) continues to be necessary to prevent 
or remedy serious injury and whether there is evidence that the domestic industry is making a 
positive adjustment to import competition.  
If the Commission makes an affirmative de termination, Section 203(e)(1)(B)(i) of the Trade Act 
(19 U.S.C. sec 2254(e)(1)(B)(i)) authorizes the President to extend the application of the safeguard 
measure if the President determines that the measure continues to be necessary to prevent or 
remedy t he serious injury, and there is evidence that the domestic industry is making a positive 
adjustment to import competition.  
4. Provide a point of contact for the investigation and identify the preferred means for 
corresponding  
The point of contact for the inve stigation is:  
Jordan Harriman  
Office of Investigations  
U.S. International Trade Commission  
500 E Street, SW  
Washington, DC 20436  
Tel: (202 -205-2610)  
The public record for this investigation may be viewed on the Commission 's electronic docket (EDIS) 
at https://edis.usitc.gov . 
5. Provide the deadlines and procedures for importers, exporters and other interested 
parties to present evidence and their views, including (i) deadlines and procedures 
for Members and exporters to i dentify themselves as interested parties, if so 
required, to participate in the investigation and (ii) the date of the intended public 
hearing as provided for in Article 3.1  
Persons wishing to participate in the investigation must file an entry of appearan ce with the 
Secretary to the Commission, not later than 21 days after publication of the notice in the 
Federal  Register.  
Each party who is an interested party may submit a prehearing brief to the Commission.  The deadline 
for filing prehearing briefs is October 27, 2021.  Parties may also file posthearing briefs by 
November  10, 2021.  
The Commission has scheduled a hearing for November 3, 2021.  Information about the place and 
form of the hearing, including how to participate in and/or view the hearing, will  be posted on the 
Commission 's website at https://www.usitc.gov/calendarpad/calendar.html . 
Requests to appear at the hearings should be filed in writing with the Secretary to the Commission 
on or before October 28, 2021.  
All parties and nonparties desiring to appear at the hearings and make oral presentations should 
participate in prehearing conferences to be held on October 29, 2021, if deemed necessary.  
Parties may file written testimony in c onnection with their presentation at the hearing.  Parties must 
submit any request to present a portion of their hearing testimony in camera no later than 7 business 
days prior to the date of the hearing.  G/SG/N/6/USA/11/Suppl.2  
 
- 3 - 
 
 The attached notice provides further information reg arding deadlines and procedures applicable to 
this investigation.  
The Commission 's Handbook on E -Filing, available on the Commission 's website at 
https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf , elaborates upon the 
Commission 's rules with respect to electronic filing.  
__________